academy Icon academy Icon lawbiz Icon
Subscribe Premium

 Gauhati High Court

Disputed Monetary Entitlement Requiring Evidence Cant Be Decided In Writ Proceedings: Gauhati High Court

The Gauhati High Court has held that a dispute over monetary entitlement, where evidence is required to be led, cannot be decided by the writ court and has to be adjudicated by a competent civil court.Justice Devashis Baruah observed, “It is the opinion of the Court that if the Petitioner disputes the amount of its entitlement during the period i.e. from 01.07.2012 to 31.03.2013 and...

BNSS Remedies Must Be Exhausted Before Moving High Court For FIR Registration: Gauhati High Court Reiterates

The Gauhati High Court has held that a writ petition seeking registration of an FIR cannot be entertained where the petitioner has directly invoked the Court's writ jurisdiction without first availing the statutory remedy under the Bharatiya Nagarik Suraksha Sanhita, 2023.Justice Manish Choudhury observed, “Without availing such statutory remedy provided under the BNSS, the petitioner...

Children Who Lose Parent In Motor Accident Entitled To Parental Consortium: Gauhati High Court Enhances Compensation To ₹8 Lakh

The Gauhati High Court enhanced accident compensation to the kin of a deceased man to over Rs. 8 Lakh granting compensation for deceased's future prospects who was 44 years old at the time of his death as well as parental consortium to his two sons which had not been granted by the motor accident tribunal. Justice Kaushik Goswami observed, “ In the present case, admittedly, no amount...

Govt Employee Has No Right To Continue In Official Quarter When It Is Needed For Public Interest Redevelopment: Gauhati High Court

The Gauhati High Court has held that a government employee has no right to claim continued occupation of an official quarter where the government has taken a policy decision to dismantle the premises and redevelop it by constructing a multi-storied building in the larger public interest.Justice N. Unni Krishnan Nair observed, “This Court further notices that the petitioner has no right to...

Quashing Of Termination For Want Of Communication Doesnt Cure Defects In Initial Appointment: Gauhati High Court

The Gauhati High Court has held that setting aside of a termination order for want of communication to the affected employee does not, by itself, entitle such employee to regular status from the date of the original appointment or to consequential service benefits.A Division Bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury observed, “Setting aside an ineffective order...

Contractors Entitlement Must Be Verified Before Outstanding Dues Are Paid: Gauhati High Court

The Gauhati High Court has directed the Bodoland Territorial Council authorities to verify whether a contractor completed the works in accordance with the work order and ascertain the exact amount, if any, to which he is entitled.Justice Devashis Barua observed, “this Court is of the opinion that the interest of justice would be met if a direction is given to the Respondent Authorities...

Bail Bond Amount Need Not Be Deposited In Cash For Release Of Accused: Gauhati High Court

The Gauhati High Court has clarified that the amount mentioned in a bail or surety bond cannot be treated as an amount required to be deposited in cash for securing release on bail.Justice Budi Habung observed, “it is hereby clarified that the amount specified in a personal/bail bond or surety bond does not mean that a cash deposit is required to be made before the police or the Court...

Litigant Should Not Suffer For Counsels Lapse: Gauhati High Court Restores Appeal Dismissed For Non-Prosecution

The Gauhati High Court has reiterated that a litigant should not suffer due to the negligence of his counsel, while restoring an appeal dismissed for non-prosecution and condoning a delay of 123 days in seeking its restoration.Justice Pranjal Das observed, “The decision in Solim Manyu Vs. Benglum Manyu, CRP/21(AP)/2025 and N. Balakrishnan Vs. M. Krishnamurty reported in (1998) 7 SCC 123,...

Societal Interest In Prosecuting Serious Offences Prevails Despite Settlement Between Parties: Gauhati High Court

The Gauhati High Court has held that a settlement between the accused and the victim cannot justify quashing criminal proceedings involving a serious offence where societal interest lies in prosecution of the offender.Justice Pranjal Das observed, “Thus, in serious offences, societal interest lies in prosecution of the offenders and adequate punishment, upon being found guilty. This...

Supreme Court Collegium Approves Appointment Of Advocate, Judicial Officer As Judges Of Gauhati High Court

The Supreme Court Collegium, in its meeting held on August 18, 2026, has approved the proposal for the appointment of two persons as Judges of the Gauhati High Court. The Collegium has recommended the appointment of Advocate Shri Nchumbemo Mozhui as a Judge of the Gauhati High Court. It has also approved the proposal for the appointment of Judicial Officer Smt. Helen Dawngliani as a Judge...

Declared Foreigner Who Re-Entered India After Expulsion Not Entitled To Bail Despite Prolonged Detention: Gauhati High Court

The Gauhati High Court recently held that a declared foreigner who was expelled from the country and re-entered the country illegally cannot claim bail on the ground of prolonged detention. The bench of Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund held that the Immigration and Foreigners Order 2025 empowered the State to impose restrictions on the movement of...